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House of Commons of Canada
35th Parliament, 2nd Session

Journals

No. 129
Thursday, February 13, 1997
10:00 a.m.

Prayers

Daily Routine of Business

Tabling of Documents

Pursuant to Standing Order 32(2), Mr. Zed (Parliamentary Secretary to the Leader of the Government in the House of Commons) laid upon the Table, — Government responses, pursuant to Standing Order 36(8), to the following petitions:

  1. Nos. 352-1231, 352-1341 and 352-1345 concerning gasoline pricing. — Sessional Paper No. 8545-352-78D;
  2. Nos. 352-1472, 352-1479, 352-1486, 352-1487, 352-1488, 352-1490, 352-1491, 352-1537, 352-1540 and 352-1542 to 352-1544 concerning the highway system. — Sessional Paper No. 8545-352-137D;
  3. Nos. 352-1475 to 352-1478, 352-1502 and 352-1541 concerning taxes on books. — Sessional Paper No. 8545-352-129G;
  4. No. 352-1482 concerning the income tax system. — Sessional Paper No. 8545-352-28GG;
  5. No. 352-1483 concerning alcoholic beverages. — Sessional Paper No. 8545-352-41S;
  6. Nos. 352-1492 and 352-1493 concerning abortion. — Sessional Paper No. 8545-352-26M;
  7. Nos. 352-1503 to 352-1505, 352-1511, 352-1512 and 352-1536 concerning the Senate. — Sessional Paper No. 8545-352-36F;
  8. No. 352-1513 concerning the tax on gasoline. — Sessional Paper No. 8545-352-44U;
  9. Nos. 352-1520 to 352-1522 concerning government spending. — Sessional Paper No. 8545-352-50G;
  10. No. 352-1539 concerning the Canada-United States tax convention. — Sessional Paper No. 8545-352-88E.

Presenting Reports from Committees

Mr. Zed (Parliamentary Secretary to the Leader of the Government in the House of Commons), from the Standing Committee on Procedure and House Affairs, presented the 54th Report of the Committee, which was as follows:

The Committee recommends, pursuant to Standing Orders 104 and 114, that the following Member be added to the list of Associate Members of the Standing Committee:

Justice and Legal Affairs

Roger Gallaway
A copy of the relevant Minutes of Proceedings and Evidence (Issue No. 3, which includes this Report) was tabled.

Motions

By unanimous consent, Mr. Zed (Parliamentary Secretary to the Leader of the Government in the House of Commons), seconded by Mr. Proud (Parliamentary Secretary to the Minister of Labour), moved, — That the 54th Report of the Standing Committee on Procedure and House Affairs, presented earlier today, be concurred in.

The question was put on the motion and it was agreed to.

Presenting Petitions

Pursuant to Standing Order 36, petitions certified correct by the Clerk of Petitions were presented as follows:

  • by Ms. Skoke (Central Nova), one concerning the nuclear industry (No. 352-1702) and one concerning taxes on books (No. 352-1703);
  • by Mr. White (North Vancouver), two concerning the tax on gasoline (Nos. 352-1704 and 352-1705) and one concerning the highway system (No. 352-1706);
  • by Mr. Nunez (Bourassa), one concerning Canadian citizenship (No. 352-1707);
  • by Mr. Lee (Scarborough–Rouge River), one concerning AIDS research (No. 352-1708) and one concerning disabled and handicapped persons (No. 352-1709).

Questions on Order Paper

Mr. Zed (Parliamentary Secretary to the Leader of the Government in the House of Commons) presented the answers to questions Q–91 and Q–103 on the Order Paper.

Government Orders

The Order was read for the consideration of the Business of Supply.

Mr. Gouk (Kootenay West–Revelstoke), seconded by Mr. White (North Vancouver), moved, — That this House condemn the government for its approach to federal transportation policies, and in particular, the cancellation of the Pearson Airport deal, the continued neglect of Canada’s national highway system, costly inefficiencies in the grain transportation system, and the on-going subsidization of VIA Rail at the expense of taxpayers and private-sector passenger rail and bus operators.

Debate arose thereon.

Statements by Members

Pursuant to Standing Order 31, Members made statements.

Oral Questions

Pursuant to Standing Order 30(5), the House proceeded to Oral Questions.

Government Orders

The House resumed consideration of the motion of Mr. Gouk (Kootenay West–Revelstoke), seconded by Mr. White (North Vancouver), in relation to the Business of Supply.

The debate continued.

Mr. Gilmour (Comox–Alberni), seconded by M. Hermanson (Kindersley–Lloydminster), moved the following amendment, — That the motion be amended by adding immediately after the word “operators” the following:

“and most specifically, even considering allowing Via Rail to re-enter the market to compete against the business it sold to the private sector.”

Debate arose thereon.

Pursuant to Standing Order 81(19), the proceedings expired.

Private Members’ Business

At 5:30 p.m., pursuant to Standing Order 30(6), the House proceeded to the consideration of Private Members’ Business.

The Order was read for the second reading and reference to the Standing Committee on Industry of Bill C–353, An Act to amend the Criminal Code (Internet lotteries).

Mr. Mills (Broadview–Greenwood), seconded by Mr. Crawford (Kent), moved, — That the Bill be now read a second time and referred to the Standing Committee on Industry.

The question was put on the motion and it was agreed to on division.

Accordingly, the Bill was read the second time and, by unanimous consent, referred to the Standing Committee on Justice and Legal Affairs.

Petitions Filed with the Clerk of the House

Pursuant to Standing Order 36, petitions certified correct by the Clerk of Petitions were filed as follows:

  • by Mr. Fontana (London East), two concerning the highway system (Nos. 352-1710 and 352-1711).

Messages from the Senate

— ORDERED: That a Message be sent to the House of Commons to acquaint that House that the Senate has passed C–5, An Act to amend the Bankruptcy and Insolvency Act, the Companies’ Creditors Arrangement Act and the Income Tax Act, with the following amendments:
  1. Page 4, clause 2: Strike out line 8 and substitute the following:
    “person occurs at the time or date”.
  2. Page 21, clause 30:
    1. Strike out line 4 and substitute the following:
      “be just and equitable in the circumstances.”;
    2. Add the following after line 14:
      “(18) Where all of the directors have resigned or have been removed by the shareholders without replacement, any person who manages or supervises the management of the business and affairs of the corporation shall be deemed to be a director for the purposes of this section.”
  3. Page 30, clause 53: Strike out lines 7 to 9 and substitute the following:
    “consumer debtor’s circumstances that leads the administrator to conclude, after consultation with the debtor where practicable, that such change could jeopardize the consumer debtor’s ability to meet the terms of the proposal, in writing, ”.
  4. Page 38, clause 65: Add after line 40 the following:
    “(3) Where all of the directors have resigned or have been removed by the shareholders without replacement, any person who manages or supervises the management of the business and affairs of the corporation shall be deemed to be a director for the purposes of this section.”.
  5. Page 75, clause 118: Strike out line 27 and substitute the following:
    “(C) for the firm’s own account,”.
  6. Page 76, clause 118: Strike out line 6 and substitute and substitute the following:
    “count, and

    (iii) any investments of the securities firm in its subsidiaries that are not referred to in subparagraph (i) or (ii); and”.
  7. Page 84, clause 121: Strike out lines 1 to 4 and substitute the following:
    “3.
    (1)
    This Act applies in respect of a debtor company or affiliated debtor companies where the total of claims, within the meaning of section 12, against the debtor company or affiliated debtor companies exceeds five million dollars.
    (2)
    For the purposes of this Act,
    (a)
    companies are affiliated companies if one of them is the subsidiary of the other or both are subsidiaries of the same company or each of them is controlled by the same person; and
    (b)
    two companies affiliated with the same company at the same time are deemed to be affiliated with each other.
    (3)
    For the purposes of this Act, a company is controlled by a person or by two or more companies if
    (a)
    securities of the company to which are attached more than fifty per cent of the votes that may be cast to elect directors of the company are held, other than by way of security only, by or for the benefit of that person or by or for the benefit of those companies; and
    (b)
    the votes attached to those securities are sufficient, if exercised, to elect a majority of the directors of the company.
    (4)
    For the purposes of this Act, a company is a subsidiary of another company if
    (a)
    it is controlled by
    (i)
    that other company,
    (ii)
    that other company and one or more companies each of which is controlled by that other company, or
    (iii)
    two or more companies each of which is controlled by that other company; or
    (b)
    it is a subsidiary of a company that is a subsidiary of that other company.”.
  8. Page 84, clause 122: Add after line 28 the following:
    “(4) Where all of the directors have resigned or have been removed by the shareholders without replacement, any person who manages or supervises the management of the business and affairs of the debtor company shall be deemed to be a director for the purposes of this section.”.
  9. Page 86, clause 124: Strike out lines 21 to 30 and substitute the following:
    “(4), the applicant also satisfies the court that the applicant has acted, and is acting, in good faith and with due diligence.”.
  10. Page 90, clause 124: Add after line 10 the following:
    “(3) Where all of the directors have resigned or have been removed by the shareholders without replacement, any person who manages or supervises the management of the business and affairs of the company shall be deemed to be a director for the purposes of this section.”.
  11. Page 91, clause 124:
    1. Add after line 21 the following:
      “(4) Where the monitor acts in good faith and takes reasonable care in preparing the report referred to in paragraph (3)(b), the monitor is not liable for loss or damage to any person resulting from that person’s reliance on the report.”;
    2. Strike out line 22 and substitute the following:
      “(5) The debtor company shall”.

— ORDERED: That a Message be sent to the House of Commons to acquaint that House that the Senate has passed Bill C–41, An Act to amend the Divorce Act, the Family Orders and Agreements Enforcement Assistance Act, the Garnishment, Attachment and Pension Diversion Act and the Canada Shipping Act, with the following amendments:
  1. Page 2, clause 1: Strike out lines 9 and 10 and substitute the following:
    “of illness, disability or other cause, to with-”.
  2. Page 13, clause 11: Strike out line 40 and substitute the following:
    “(2) The guidelines shall be based on the principle that spouses have a joint financial obligation to maintain the children of the marriage in accordance with their relative abilities to contribute to the performance of that obligation.

    (3) In subsection (1), “order for child ”.

Adjournment

At 6:26 p.m., the Speaker adjourned the House until tomorrow at 10:00 a.m., pursuant to Standing Order 24(1).